LAW OF ORDER AND PUBLIC SECURITY

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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Single discipline educational activity

Course Sheet

Course code:

RSPC11

Academic Year of enrolment:

2022

Year of supply:

2022/2023

Type of Course:

Characterising

Degree:

Course of 2nd Cycle Degree in SOCIAL RESEARCH, SECURITY POLICY AND CRIMINAL STUDIES

Disciplinary Sector:

Institutions of Public Law

Language:

Italian

Location:

CHIETI

Credits:

Programme Year:

Professor and Collaborators:

MASALA Pietro

Cycle:

Second semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

None. The course is especially suited for students who already know the fundamental notions of Public Law.

Objectives

The training objectives focus on acquiring knowledge of the basic issues concerning public order and security in the Italian legal system, with a special focus on the balance with the protection of fundamental rights. At the end of the course, the students will be fully aware of the tasks and function of the security police in the constitutional system and will know the general principles ruling its activities; they will be finally able to recognize the specific problems which ar relevant for the security actors (both in general and with special reference to the specific fields of urban security and immigration) and to critically assess and the corresponding solutions given by the legislator.

Contents

The course consists of an introductory part, of a general nature, and of a special part, with in-depth studies dedicated to two distinct issues of topical interest.
The introductory part will be dedicated first of all to reconstructing the meaning of public order and security in the Italian constitutional system and to analyzing the relationship (conflicts and balance) between the needs of protection of the corresponding interests and the needs of protection of fundamental rights: in so doing, special attention will be paid to the evolution of the constitutional case law on the matter. The regulatory and administrative architecture of public order and safety will also be illustrated (sources, subjects, competences, functions, organization, measures that can be adopted by the police force: among the latter, particular attention will be dedicated to prevention measures, for their repercussions on the protection of the fundamental rights of the recipients and for the consequent balancing needs, highlighted by the case law of both the Italian Constitutional Court and the European Court of Human Rights.
The special part will focus on the issue of urban security and the relationship between security and immigration: for each of the two areas, the evolution of the Italian legislation over the last two decades will be analyzed and the most problematic aspects of this legislation will be highlighted, with specific reference to the balance made in it between the needs of guaranteeing public order and security and the need to protect the fundamental rights of the recipients of criminal and administrative restrictive measures.

Extended Syllabus

GENERAL PART

1. Public order and security in the Italian constitutional system and the division of competences among the State, the Regions and the local authorities
2. Problems concerning the balance with fundamental rights
3. Regulatory sources, subjects and functions of the public security system
4. The central apparatus of the public security administration
5. Local and provincial government bodies of the public security system
6. The provincial committee for order and public security
7. Integrated security, urban security, participatory security
8. Measures that can be adopted by the police force
9. In particular: the prevention measures, in the light of the case-law of the Italian Constitutional Court and of the case-law of the European Court of Human Rights

SPECIAL PART

1. Urban security
1.1. Notion and phases in the evolution of the Italian legislation
1.2. Subjects and instruments
1.3. The mayors as guarantors of urban security and their orders in this matter, before and after the ruling 115/2011 of the Constitutional Court
1.4.The pacts for security
1.5. The innovations introduced by the "Minniti decree" and the "Salvini decrees"

2. Security and immigration
2.1. General hints on the evolution of the Italian immigration legislation
2.2. Crimmigration as emerging trend in immigration policies over the last two decades
2.3. Foreigners as offenders and victims of crime. In particular: the criminalisation of illegal immigrants and the fight against illegal immigration; anti-discrimination measures
2.4. Coercitive measures affecting foreigners and related issues regarding the protection of their fundamental rights: expulsions, refoulements and the modalities for their implementation
2.5. Administrative detention of immigrants and asylum seekers

Recommended Bibliography

GENERAL PART:

R. URSI, La sicurezza pubblica, Bologna, Il mulino, 2022;

SPECIAL PART:
The student shall choose:

either A) on URBAN SECURITY:
R. SELMINI, Dalla sicurezza urbana al controllo del dissenso politico. Una storia del diritto amministrativo punitivo, Roma, Carocci, 2020 (pages 13-165):

or B) on IMMIGRATION LAW:
F. BIONDI DAL MONTE, E. ROSSI, Diritto e immigrazioni, Bologna, Il Mulino, 2022 (only pages 15-160)

Methods of Provision

Conventional

Teaching Methods

The teaching method is characterized by lectures (frontal classes) focused on the analysis of relevant legislation and case law. In addition, seminars will be organized in order to encourage the students’ active participation.

Evaluation methods

Verification of learning:

Oral final exam

Contacts/More Information

E-mail: pietro.masala@unich.it
Office hours: before and after classes, on appointment.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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